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STATE v. LYNCH

No. 83-032.

340 N.W.2d 128 (1983)

215 Neb. 528

STATE of Nebraska, Appellee, v. Patrick Brian LYNCH, Appellant.

Supreme Court of Nebraska.

November 4, 1983.

Attorney(s) appearing for the Case

Douglas W. Thomson of Thomson & Hawkins, St. Paul, Minn., for appellant.

Paul L. Douglas, Atty. Gen., and Terry R. Schaaf, Asst. Atty. Gen., Lincoln, for appellee.

KRIVOSHA, C.J., and BOSLAUGH, WHITE, HASTINGS, CAPORALE, SHANAHAN, and GRANT, JJ.

SHANAHAN, Justice.

Patrick B. Lynch was charged with first degree murder, namely, homicide with deliberate and premeditated malice or in the perpetration of a robbery. Neb.Rev.Stat. § 28-303 (Reissue 1979). In a jury trial Lynch was acquitted of homicide during the perpetration of a robbery but was convicted of homicide with deliberate and premeditated malice. After his conviction and sentence to life imprisonment in the Nebraska Penal and Correctional Complex...

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